DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 15 May 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 and 8-21 have been considered but are moot because the new ground of rejection does not rely on the combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saevecke et al. (2019/0328587) in view of Kamphus (2017/0135870).
With respect to claim 1, Saevecke discloses an absorbent article, as shown in figure 2, comprising a liquid permeable topsheet 24 and an absorbent core 28 comprising a top core wrap layer 16, a bottom core wrap layer 16’, and a layer of superabsorbent polymer particles 60, disclosed in paragraph [0043], and a liquid impermeable backsheet 25. The article further comprises an upper acquisition-distribution system 52/54, as shown in figure 2, that consists of a first layer 52 coser to the topsheet and a second layer 54 closer to the absorbent core, the first layer 52 being a nonwoven acquisition layer, as disclosed in paragraph [0027], and the second layer 54 being a nonwoven distribution layer, as disclosed in paragraph [0041]. Saevecke does not disclose the upper acquisition-distribution system comprises cross-linked cellulose fibers, and therefore it is substantially free of unbonded cross-linked cellulose fibers.
Saevecke discloses all aspects of the claimed invention with the exception of the superabsorbent polymer particles having a Urine Permeability Measurement of at least 45.10-7(cm3.s)/g. Kamphus discloses an absorbent core for an absorbent article comprising superabsorbent polymer particles, and teaches providing superabsorbent polymer particles having a UPM of at least 45.10-7(cm3.s)/g to achieve good absorption properties at first gush and also subsequent gushes, as disclosed in paragraph [0096]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the superabsorbent polymer particles of Saevecke with a UPM of at least 45.10-7(cm3.s)/g, as taught by Kamphus, to achieve good absorption properties at first gush and also subsequent gushes.
With respect to claim 2, Kamphus teaches a UPM in the range of 55.10-7 to 90.10-7(cm3.s)/g, as disclosed in paragraph [0096]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the superabsorbent polymer particles of Saevecke with a UPM in the range of 55.10-7 to 90.10-7(cm3.s)/g, as taught by Kamphus, to achieve good absorption properties at first gush and also subsequent gushes.
With respect to claims 3-4, modified Saevecke discloses all aspects of the claimed invention with the exception of the superabsorbent polymer particles having an EFFC of above 23 g/g or in the range of 23-5-29 g/g. Kamphus discloses providing superabsorbent polymer particles with an EFFC of above 23 g/g, or in the range of 23.5-29 g/g, as disclosed in paragraphs [0080-0082]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the superabsorbent polymer particles of Saevecke with an EFFC of above 23 g/g or in the range of 23-5-29 g/g, as taught by Kamphus, to achieve the predictable result of particles that are capable of absorbing a sufficient amount of liquid for an absorbent article.
With respect to claim 5, Saevecke discloses the absorbent core comprises 100% superabsorbent polymer particles, as disclosed in paragraph [0042], and therefore the superabsorbent polymer particles are not mixed with cellulose fibers.
With respect to claims 15 and 17-18, the superabsorbent polymer particles of Saevecke are cross-linked, as disclosed in paragraph [0047]. The method of surface cross-linking a precursor is considered to be a product-by-process limitation that does not distinguish the claimed invention over the prior art.
With respect to claim 16, the layer of superabsorbent polymer particles of Saevecke comprise at least one longitudinally extending channel which is free from absorbent material, as disclosed in paragraph [0050].
Claim(s) 6, 8, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saevecke et al. (2019/0328587) in view of Kamphus (2017/0135870), and further in view of in view of Chmielewski et al. (2022/0265488).
With respect to claims 6 and 8, modified Saevecke discloses all aspects of the claimed invention with the exception of the first and second layers of the upper acquisition system being a spunlaced nonwoven. Chmielewski teaches that supnlace nonwovens can improved softness and liquid acquisition, as disclosed in paragraph [0078]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the first and second layers of Saevecke comprising spunlaced nonwoven, as taught by Chmielewski, to achieve improved softness and liquid acquisition.
With respect to claim 14, the layer of superabsorbent polymer particles of Saevecke comprise at least one longitudinally extending channel which is free from absorbent material, as disclosed in paragraph [0050].
Claim(s) 9-13 and 21is/are rejected under 35 U.S.C. 103 as being unpatentable over Saevecke et al. (2019/0328587) in view of Kamphus (2017/0135870), and further in view of in view of Erspamer et al. (6,420,626).
With respect to claims 9-10, modified Saevecke discloses all aspects of the claimed invention with the exception of a lower acquisition and distribution layer between the layer of superabsorbent polymer particles and the backsheet comprising a nonwoven layer and having a basis weight from 20-100 gsm. Erspamer teaches providing a lower acquisition and distribution layer below the absorbent core of an absorbent article, as shown in figure 2, to reduce the problem of liquid recontacting the skin of the wearer, as disclosed in column 2, lines 7-12. The lower acquisition and distribution layer has a basis weight of 20-100 gsm, as disclosed in column 3, lines 16-17, and is a nonwoven (i.e. airlaid), as disclosed in column 2, lines 53-55. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the article of Saevecke with a lower acquisition and distribution layer between the layer of superabsorbent polymer particles and the backsheet comprising a nonwoven layer and having a basis weight of 20-100 gsm, as taught by Erspamer, to reduce liquid recontacting the skin of the wearer.
With respect to claims 11-12, Saevecke as modified by Erspamer does not disclose the lower acquisition and distribution layer comprising a surfactant coating and being hydrophilic but less hydrophilic than the bottom core wrap layer. Erspamer discloses the desire for the lower acquisition and distribution layer to be able to take in fluids and pass them back to the absorbent core for storage, as shown in figure 3. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the lower acquisition and distribution layer of Saevecke as modified by Erspamer with a surfactant coating to achieve the predictable result of making the layer hydrophilic to accept fluids and to make the layer less hydrophilic than the bottom core wrap of the absorbent core to achieve the predictable result of encouraging fluid back into the absorbent core for storage.
With respect to claim 13, at least some of the superabsorbent polymer particles of Saevecke are immobilized by a thermoplastic fibrous net on at least one of the top or bottom core wraps, as disclosed in paragraph [0043].
With respect to claims 19-20, Saevecke discloses an absorbent article, as shown in figure 2, comprising a liquid permeable topsheet 24 and an absorbent core 28 comprising a top core wrap layer 16, a bottom core wrap layer 16’, and a layer of superabsorbent polymer particles 60, disclosed in paragraph [0043], and a liquid impermeable backsheet 25. The article further comprises an upper acquisition-distribution system 52, as shown in figure 2, that consists of a first layer 52 coser to the topsheet and a second layer 54 closer to the absorbent core, the first layer 52 being a nonwoven acquisition layer, as disclosed in paragraph [0027], and the second layer 54 being a nonwoven distribution layer, as disclosed in paragraph [0041]. Saevecke does not disclose the upper acquisition-distribution system comprises cross-linked cellulose fibers, and therefore it is substantially free of unbonded cross-linked cellulose fibers.
Saevecke discloses all aspects of the claimed invention with the exception of the superabsorbent polymer particles having a Urine Permeability Measurement of at least 45.10-7(cm3.s)/g. Kamphus discloses an absorbent core for an absorbent article comprising superabsorbent polymer particles, and teaches providing superabsorbent polymer particles having a UPM of at least 45.10-7(cm3.s)/g to achieve good absorption properties at first gush and also subsequent gushes, as disclosed in paragraph [0096]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the superabsorbent polymer particles of Saevecke with a UPM of at least 45.10-7(cm3.s)/g, as taught by Kamphus, to achieve good absorption properties at first gush and also subsequent gushes.
Saevecke discloses all aspects of the claimed invention with the exception of a lower acquisition and distribution layer between the layer of superabsorbent polymer particles and the backsheet. Erspamer teaches providing a lower acquisition and distribution layer below the absorbent core of an absorbent article, as shown in figure 2, to reduce the problem of liquid recontacting the skin of the wearer, as disclosed in column 2, lines 7-12. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the article of Saevecke with a lower acquisition and distribution layer between the layer of superabsorbent polymer particles and the backsheet, as taught by Erspamer, to reduce liquid recontacting the skin of the wearer.
With respect to claim 21, Saevecke discloses in paragraph [0028] the use of a carded nonwoven layer in an acquisition and distribution system. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the lower acquisition and distribution layer of modified Saevecke comprise a carded nonwoven layer since Saevecke teaches that such a nonwoven is advantageous for use as an acquisition and distribution layer because in can be manufactured outside the converting line and used as a roll of material thus simplifying the manufacturing process (see Saevecke, paragraph [0028]).
Allowable Subject Matter
Claims 19-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Saevecke, does not disclose an upper acquisition-distribution system consisting of one nonwoven layer comprising a mixture of cellulose fibers and synthetic fibers and free of unbonded cross-linked cellulose fibers in combination with a lower acquisition and distribution layer wherein the absorbent core comprises superabsorbent polymer particles having a UPM of at least 45.10-7(cm3.s)/g. Saevecke discloses an upper acquisition-distribution system comprising two nonwoven layers and does not disclose the layers comprising a mixture of cellulose and synthetic fibers. Erspamer discloses an upper acquisition layer consisting of one nonwoven layer, but does not disclose a mixture of cellulose and synthetic fibers. The prior art of record therefore does not disclose nor fairly suggest the claimed invention.
Conclusion
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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